KENYATTA UNIVERSITY
LEVEL 2.1
VETTED UNIVERSITY DOCUMENT
SCHOOL OF PUBLIC HEATH & APPLIED HUMAN SCIENCES
DEPARTMENT OF HEALTH MANAGEMENT AND INFORMATICS
PHM 806 LAW ETHICS AND PUBLIC HEALTH
INTRODUCTION
Welcome to this module PHM 806 Law, Ethics and Public Health. . You probably have read or
heard about law, ethics and public health in health care services delivery. You could have
formed an opinion and asked many questions about why law, ethics and public health are
related to health. In this module, we will introduce you to the key concepts in law, ethics and
public health. We will especially study how law, ethics and public health law shape the
relationship between health professionals and patients. Law, ethics and public health law also
govern the providing of healthcare services. This is an interactive instructional module that uses
both action and collaborative learning styles that provide you with diverse online learning
experiences and effective learning processes. The key purpose of this module is to expose you to
legal and ethical aspects surrounding the provision of healthcare. This should hopefully equip
you with the necessary attitudes, knowledge and skills crucial in practicing in health facilities
and related health organizations.
In this module, we shall define the key concepts in ethics, law and public health law. This
module is organized into ten major components. We will introduce you to law and court. We will
pay more attention to the categories of law and the organization of judicial system. Law and
1
,ethics are co-pairs in the delivery of healthcare services. The module will expose you to ethical
theories and principles. The module examines the relationship between healthcare providers and
patients. The module takes you through health professional liability and defenses to liability
suits. Further, the module introduces you to a number of themes: confidentiality, privacy,
privilege communication and informed consent in healthcare. Finally, the module examines the
linkage between law and health, public health and law, public health and ethics, public health
and international human rights, public health and reproductive health law and rights. New
concepts will be examined such as bioethics, healthcare ethics and public Health ethics.
We hope that you will find this module exciting, educative, and engaging. We also hope that it
stimulates your mind so that you can reflect on moral, legal and public issues in healthcare. After
all, health professionals are facing on day-to-day activities ethical, legal and public health issues.
LAW, ETHICS AND PUBLIC HEALTH
WEEK TOPIC
WEEK 0: PHILOSOPHY, MEDICINE, LAW, ETHICS, AND PUBLIC HEALTH:
AN OVERVIEW
WEEK 1: LAW, ETHIC, PUBLIC HEALTH, PUBLIC HEALTH LAW, PUBLIC
HEALTH ETHICS: AN INTRODUCTION
WEEK 2: THE LEGAL SYSTEMS
WEEK 3: PHILOSOPHICAL APPROACHES OF ETHICS IN HEALTHCARE
WEEK 4: THE LAW OF CONTRACT IN HEALTHCARE
WEEK 5: PROFESSIONAL LIABILITY IN HEALTHCARE
WEEK 6: DEFENSES TO PROFESSIONAL LIBILITY SUITS IN HEALTHCARE
WEEK 7: CONFIDENTIALITY, PRIVACY, PRIVILEGE COMMUNICATION, INFORMED
CONSENT IN HEATHCARE
WEEK 8: FUNCTIONS OF PUBLIC HEALTH LAW
2
,WEEK 9: PUBLIC HEALTH LAW AND ETHICS
WEEK 10: PUBLIC HEALTH ANDHUMAN RIGHTS
WEEK 11&12 EXAMINATION
OVERVIEW OF THE COURSE
Week 0: Introduction: Philosophy, Medicine, Law, Ethics, Public Health and Public Health
Law.
This lesson is intended to help you acclimatize to a blended learning and to create a community
of learners who will motivate each other during the course. You will be required to introduce
yourself to your lecturer and colleagues either physically during a face to face session or even
online before other academic interactions start. This will be at the discretion of individual
universities and lecturers. It will be important to also state your context and goals as well as what
you think about law, ethics and health. You can also share any experience that you may have
regarded about Philosophy, Medicine, Law, Ethics, Public Health and Public Health Law.
Bringing your contribution will enrich our community of learners. Once, again, as a facilitator I
will appreciate your participation. Information sharing remains the key of our success. From this
session you can start to reflect on how Philosophy, Medicine, Law, Ethics, Public Health and
Public Health Law are tools for promoting health despite their differences. As disciplines,
convergent they are, divergent they are.
Week 1: Law, Ethics, Public Health, Public Health Law, Public Health Ethics: An
Introduction
In this first lesson, we introduce you to definitions and concepts: law, ethics etiquette and health.
While the law provides authority to intervene, protect health, ethics refers to moral norms about
rightness and wrongness of our actions in health settings. The purpose of this first lesson is to
enable you understand the linkage between law, ethics and health.
Week 2: The Legal Systems
The second lesson builds on lesson 1 in that you will learn about the sources of law and
categories of law. Laws namely can be categorized based upon its origins. In this session you
3
, will also learn about the judicial system. The purpose of this session is to enable you differentiate
between public and private law, civil and criminal law.
Week 3: Philosophical Approaches of Ethics in Healthcare
In this session, we explore different theoretical approaches in ethics: the ethics of conduct and
the ethics of character. In this session you will also learn about Beauchamps principles of ethics
and healthcare ethical dilemmas. The purpose of this session is to enable you reflect on different
ethical theories and principles related to healthcare.
Week 4: The Law of Contract in Healthcare
In this session, we examine the relationship between healthcare providers and patients through
the contract law and law of agency. In this session, you will also study the four essentials
elements of contract and the termination of contract. The purpose of this session is to enable you
differentiate between expressed and implied contract.
Week 5: Professionals Liability in Healthcare
This session focuses on the fact that you will be subject to liability on your day-to-day activities.
Negligence may occur in medicals office or a healthcare provider may voluntarily harm a
patient. Negligence and harm are Torts. We will introduce you to tort law with especial focus on
the tort of negligence. Tort may raise a dispute between a healthcare provider and a patient. The
purpose of this session is to enable you compare and contrast unintentional and intentional torts.
Week 6: Defenses to Professional Liability Suits in Healthcare
This lesson builds on lesson 5 in that a health professionals who has committed a tort can be
subject to whether lawsuits or professional disciplines. In this session, we will identify types of
defenses to liability suits. The purpose of this session is to enable you recall affirmative and
technical defenses to liability suits.
Week 7: Confidentiality, Privacy, Privilege Communication, Informed Consent in
Healthcare
This lesson explores confidentiality, privacy, privilege communication and informed consent
among health professionals and their clients in healthcare settings. We will compare and contrast
the above four concepts. The purpose of this session is to enable you explain the importance of
the four concepts in the healthcare providers-clients relationships.
Week 8:Functions of Public Health Law
4
LEVEL 2.1
VETTED UNIVERSITY DOCUMENT
SCHOOL OF PUBLIC HEATH & APPLIED HUMAN SCIENCES
DEPARTMENT OF HEALTH MANAGEMENT AND INFORMATICS
PHM 806 LAW ETHICS AND PUBLIC HEALTH
INTRODUCTION
Welcome to this module PHM 806 Law, Ethics and Public Health. . You probably have read or
heard about law, ethics and public health in health care services delivery. You could have
formed an opinion and asked many questions about why law, ethics and public health are
related to health. In this module, we will introduce you to the key concepts in law, ethics and
public health. We will especially study how law, ethics and public health law shape the
relationship between health professionals and patients. Law, ethics and public health law also
govern the providing of healthcare services. This is an interactive instructional module that uses
both action and collaborative learning styles that provide you with diverse online learning
experiences and effective learning processes. The key purpose of this module is to expose you to
legal and ethical aspects surrounding the provision of healthcare. This should hopefully equip
you with the necessary attitudes, knowledge and skills crucial in practicing in health facilities
and related health organizations.
In this module, we shall define the key concepts in ethics, law and public health law. This
module is organized into ten major components. We will introduce you to law and court. We will
pay more attention to the categories of law and the organization of judicial system. Law and
1
,ethics are co-pairs in the delivery of healthcare services. The module will expose you to ethical
theories and principles. The module examines the relationship between healthcare providers and
patients. The module takes you through health professional liability and defenses to liability
suits. Further, the module introduces you to a number of themes: confidentiality, privacy,
privilege communication and informed consent in healthcare. Finally, the module examines the
linkage between law and health, public health and law, public health and ethics, public health
and international human rights, public health and reproductive health law and rights. New
concepts will be examined such as bioethics, healthcare ethics and public Health ethics.
We hope that you will find this module exciting, educative, and engaging. We also hope that it
stimulates your mind so that you can reflect on moral, legal and public issues in healthcare. After
all, health professionals are facing on day-to-day activities ethical, legal and public health issues.
LAW, ETHICS AND PUBLIC HEALTH
WEEK TOPIC
WEEK 0: PHILOSOPHY, MEDICINE, LAW, ETHICS, AND PUBLIC HEALTH:
AN OVERVIEW
WEEK 1: LAW, ETHIC, PUBLIC HEALTH, PUBLIC HEALTH LAW, PUBLIC
HEALTH ETHICS: AN INTRODUCTION
WEEK 2: THE LEGAL SYSTEMS
WEEK 3: PHILOSOPHICAL APPROACHES OF ETHICS IN HEALTHCARE
WEEK 4: THE LAW OF CONTRACT IN HEALTHCARE
WEEK 5: PROFESSIONAL LIABILITY IN HEALTHCARE
WEEK 6: DEFENSES TO PROFESSIONAL LIBILITY SUITS IN HEALTHCARE
WEEK 7: CONFIDENTIALITY, PRIVACY, PRIVILEGE COMMUNICATION, INFORMED
CONSENT IN HEATHCARE
WEEK 8: FUNCTIONS OF PUBLIC HEALTH LAW
2
,WEEK 9: PUBLIC HEALTH LAW AND ETHICS
WEEK 10: PUBLIC HEALTH ANDHUMAN RIGHTS
WEEK 11&12 EXAMINATION
OVERVIEW OF THE COURSE
Week 0: Introduction: Philosophy, Medicine, Law, Ethics, Public Health and Public Health
Law.
This lesson is intended to help you acclimatize to a blended learning and to create a community
of learners who will motivate each other during the course. You will be required to introduce
yourself to your lecturer and colleagues either physically during a face to face session or even
online before other academic interactions start. This will be at the discretion of individual
universities and lecturers. It will be important to also state your context and goals as well as what
you think about law, ethics and health. You can also share any experience that you may have
regarded about Philosophy, Medicine, Law, Ethics, Public Health and Public Health Law.
Bringing your contribution will enrich our community of learners. Once, again, as a facilitator I
will appreciate your participation. Information sharing remains the key of our success. From this
session you can start to reflect on how Philosophy, Medicine, Law, Ethics, Public Health and
Public Health Law are tools for promoting health despite their differences. As disciplines,
convergent they are, divergent they are.
Week 1: Law, Ethics, Public Health, Public Health Law, Public Health Ethics: An
Introduction
In this first lesson, we introduce you to definitions and concepts: law, ethics etiquette and health.
While the law provides authority to intervene, protect health, ethics refers to moral norms about
rightness and wrongness of our actions in health settings. The purpose of this first lesson is to
enable you understand the linkage between law, ethics and health.
Week 2: The Legal Systems
The second lesson builds on lesson 1 in that you will learn about the sources of law and
categories of law. Laws namely can be categorized based upon its origins. In this session you
3
, will also learn about the judicial system. The purpose of this session is to enable you differentiate
between public and private law, civil and criminal law.
Week 3: Philosophical Approaches of Ethics in Healthcare
In this session, we explore different theoretical approaches in ethics: the ethics of conduct and
the ethics of character. In this session you will also learn about Beauchamps principles of ethics
and healthcare ethical dilemmas. The purpose of this session is to enable you reflect on different
ethical theories and principles related to healthcare.
Week 4: The Law of Contract in Healthcare
In this session, we examine the relationship between healthcare providers and patients through
the contract law and law of agency. In this session, you will also study the four essentials
elements of contract and the termination of contract. The purpose of this session is to enable you
differentiate between expressed and implied contract.
Week 5: Professionals Liability in Healthcare
This session focuses on the fact that you will be subject to liability on your day-to-day activities.
Negligence may occur in medicals office or a healthcare provider may voluntarily harm a
patient. Negligence and harm are Torts. We will introduce you to tort law with especial focus on
the tort of negligence. Tort may raise a dispute between a healthcare provider and a patient. The
purpose of this session is to enable you compare and contrast unintentional and intentional torts.
Week 6: Defenses to Professional Liability Suits in Healthcare
This lesson builds on lesson 5 in that a health professionals who has committed a tort can be
subject to whether lawsuits or professional disciplines. In this session, we will identify types of
defenses to liability suits. The purpose of this session is to enable you recall affirmative and
technical defenses to liability suits.
Week 7: Confidentiality, Privacy, Privilege Communication, Informed Consent in
Healthcare
This lesson explores confidentiality, privacy, privilege communication and informed consent
among health professionals and their clients in healthcare settings. We will compare and contrast
the above four concepts. The purpose of this session is to enable you explain the importance of
the four concepts in the healthcare providers-clients relationships.
Week 8:Functions of Public Health Law
4
